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Legal Definitions - lateral departure

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Definition of lateral departure

Definition: Lateral departure is a type of sentence in the federal sentencing guidelines that allows a defendant to avoid incarceration by serving their sentence through community or home confinement.

Example: If a defendant is sentenced to a year in prison but is granted a lateral departure, they may serve their sentence through community service or home confinement instead of going to jail.

This example illustrates how a lateral departure can provide an alternative to incarceration for certain defendants.

Ethics is knowing the difference between what you have a right to do and what is right to do.

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Simple Definition

Lateral departure means when a person who has been found guilty of a crime is allowed to serve their sentence outside of jail, like in their home or community. It's a way for them to avoid going to jail. It's different from upward departure, which means the person gets a harsher sentence than usual, and downward departure, which means the person gets a less severe sentence than usual.

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